Gender-based wage discrimination may arise where people perform the same or similar work. The same designation alone is not enough; actual duties, responsibilities and other valid differences must also be considered.
Understand the Law and Process
Differences in pay may result from factors such as experience, qualifications, performance, seniority or job responsibilities. It is important that these factors are applied genuinely and consistently. If people performing the same work are paid less solely because of their gender, this may provide grounds for a complaint under the applicable wage law. Relevant protections in the context of hiring, transfer and conditions of work must also be considered. Obtaining a colleague’s private salary information without authorisation is not an appropriate way to gather evidence; use policies and records lawfully available to you.
Further Details: What Factors Can Affect the Outcome?
Prepare a brief comparison chart showing the role, duties, working hours, seniority and wage components. Comparing only gross CTC may be misleading because it may include different allowances or benefits. Ask the employer in writing for the objective basis for the pay difference. In a complaint, distinguish between assumptions and known facts.
What Should You Do?
- Organise information about actual duties and relevant comparators that is lawfully available to you.
- Ask HR for clear information about the wage structure and the basis for the difference.
- If there are grounds to believe discrimination occurred, check the relevant labour grievance process or other applicable remedy.
Which Documents Should You Keep?
Keep the job description, terms of appointment, payslips, appraisal criteria and written replies from HR.
Hypothetical Example
Two workers operated the same machine on the same shift, but one was paid a lower rate solely because she was a woman. This is different from a salary difference between two employees who have different qualifications or responsibilities.
Must Everyone with the Same Job Title Receive Equal Pay?
There is no general rule to that effect. It is necessary to examine whether the work is the same, whether there are valid differences, and whether there are actual grounds for finding gender discrimination.
Sources and Related Rules
- Code on Wages, 2019 — wages, deductions and time limits for payment
- Ministry of Labour 2026 labour-code FAQs
Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.